Transcontinental Insurance v. State

*360Order of the Court of Claims of the State of New York (S. Michael Nadel, J.), entered September 1, 2004, which denied claimant’s summary judgment motion seeking a declaration that defendant is obligated to reimburse it for half the defense costs and indemnity payments expended on behalf of their mutual insured, and denied defendant’s cross motion for summary judgment dismissing the claim, unanimously affirmed, without costs.

Claimant and defendant were coinsurers of a company whose employee was injured while installing a sign on the facade of an automobile dealership. Claimant issued general…